387
absenteeism, 29
excessive unscheduled, 326–331
excessive unscheduled, with “excuse-
based” system, 340–342
excessive unscheduled, with “no fault”
system, 323–325
pattern of excessive unscheduled,
332–339
unauthorized, progressive discipline
for, 20
acceptance of gratuities, summary
discharge for, 374
active windows
for describing negative consequences,
46–48
new infraction after expiration of
window, 62
stress leave and, 59
administrative leave, 20–21
administrator, performance correction
notice during probationary period,
84–86
Age Discrimination in Employment Act,
72n
alcohol use by workers, 40
during work hours, 296–307
Americans with Disabilities Act, 40, 41
annual performance evaluation
addendum to, 65–66
vs. interim evaluation, 39
progressive disciplinary language in,
64
written warning and, 20
antagonistic behavior toward coworker,
279–281
by manager, 282–287
appeal, right of employee to, 65
appointment scheduling, errors in,
151–153
appropriateness of discipline, 9
“attitude,” 239n
attorney-client privilege, for document
or e-mail, 69–70
at-will clause, 52
see also employment-at-will doctrine
behavior infractions, 29
antagonistic behavior toward
coworker, 279–287
blamers and excuse-makers, 318–320
character assassination, defamation,
312–314
drug use by workers, 308–311
gossip- and rumormongering, 315–317
insubordination and substandard
work performance, 242–247
intimidating work environment,
270–272
intoxication during work hours,
296–307
managerial misconduct, 273–275
managerial retaliation/group com -
plaint about supervisor, 288–291
misconduct, fighting, and horseplay,
248–250
politically incorrect behavior, 266–269
poor “attitude,” 239–241
pornography on employee’s computer
hard drive, 263–265
profane language and
insubordination, 235–238
veiled or direct threats of violence,
276–278
see also sexual harassment claims
behavioral terms, for describing obser-
vations, 35
blamers, 318–320
California, and stress claims, 59
calling in sick, notice for failure to fol-
low policy, 95–97
cash, improper handling of, 200–202
CD-ROM, 52
certification exam, summary discharge
for failure to pass, 370
character assassination, 312–314
check deposits, notice of failure to
process promptly, 98–100
classifying violations, 28–30
cleanliness, lack of, 125–127
coaching, 18
Colorado, and stress claims, 59
commitment letter for employee
personnel file, 25, 26
communication
failure to communicate upward,
230–232
failure to provide information to
supervisor, 224–229
foundation for, 3
notice of violation of policy, 107–109
profane language, 235–238
sexual overtones, 266–269
company materials, notice of unautho-
rized use, 107–109
company records
notice of unauthorized removal,
110–112
summary discharge for falsification,
367
“comps,” misuse by property appraiser,
166–168
computer
personal software on office, 104–106
pornography found on hard drive,
263–265
conduct infractions, 29
confidential information, 70
disclosure of, 119–121
notice of unauthorized removal,
110–112
conflict of interest, failure to disclose,
138–141
consequences, failure to follow through
on threatened, 9
consistency
in applying rules, 9
in discipline, 43
“constructive discharge” claim, 73
corporate amnesia, dangers of, 60–61
counseling sessions, 18
credit card fraud, summary discharge
for, 382
customer service, substandard work in,
169–171
customers, eye contact with, 239–241
Index

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